Terms of Service

Terms and Conditions and Condition of Service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THESE "TERMS OF SERVICE") CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND iREALTY, INC. ("iREALTY") STATING THE TERMS THAT GOVERN YOUR USE OF THE iREALTY SUBSCRIPTION SERVICE (THE "SERVICE") MORE PARTICULARLY DESCRIBED AND HOSTED BY iREALTY AT iREALTY.COM (THE "SERVICE"). TO ACCEPT AND AGREE TO THESE TERMS OF SERVICE, CLICK "I ACCEPT." BY CLICKING "I ACCEPT" YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT OR AGREE TO BOUND BY THESE TERMS OF SERVICE, DO NOT CLICK "I ACCEPT," AND DO NOT SUBSCRIBE TO THE SERVICE. NO CHANGES, ADDITIONS, OR DELETIONS TO THESE TERMS OF SERVICE SHALL BE PERMITTED UNDER ANY CIRCUMSTANCES.

THESE TERMS OF SERVICE SET FORTH IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR SUBSCRIPTION FOR THE SERVICE.

Subscription for Service

iRealty is the provider of the Service which is only made available to licensed real estate brokers in good standing who are 18 years or older and members of the National Association of Realtors™.

iRealty reserves the right to make amend, change, modify, delete from or add to the Service, this Service and these Terms of Service at any time effective as of the date posted on the Service without any other actual notice to you, including without limitation, changing prices and terms related to payment of subscription fees and refunds. Any new features added to the Service shall be subject to these Terms of Service.

The service includes 1) an iPhone application (the "Application") which may be downloaded by your clients and prospective clients for free from the Apple Inc. "iTunes Store" at apple.com ("App Store") and 2) an iRealty website hereafter collectively referred to as the "Service". Your download and use of the Application shall be governed by separate terms and conditions between you and Apple.

You hereby subscribe to use the Services for an initial one-year term. iRealty grants you a limited, personal, non-exclusive, non-transferable, revocable right to use the Services and access this Service during such term, subject to these Terms of Service. You grant to iRealty the non-exclusive, worldwide, right to use, copy, store, transmit and display the information and content you upload and input at the Service for the purpose of providing the Service and Application. Unless cancelled in accordance with these Terms of Service, the term of your subscription shall be automatically renewed for an indefinite number of successive one-year periods.

Subscription Fee; Payment Terms; Refunds

You hereby agree to pay the applicable monthly subscription fee (the "Monthly Fee") of $33 in effect at the time of your subscription as published elsewhere on this Service and any other applicable taxes and fees. Payment for the subscription of the Service shall be made by a credit card and you shall enter a valid credit card number and associated payment information as directed elsewhere by this Service. By entering such information, you hereby authorize iRealty to charge such credit card for all amounts due and payable and on a monthly basis until the cancellation of your subscription for the Service. Credit card payment is subject to the approval of the financial institution that issued the credit card and iRealty shall have no liability if such financial institution refuses to accept or honor such credit card charge for any reason. iRealty may require additional verifications or information before accepting your subscription.

EVEN IF YOU DO NOT USE THE SERVICE, YOU WILL BE CHARGED MONTHLY FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE CANCELLED BY iREALTY IN ACCORDANCE WITH THESE TERMS OF SERVICE.

Cancellation of Service

iRealty may cancel your use of the Service at any time for any reason without prior notice to you; provided, however, that, as your sole remedy, we will refund to you a prorated portion of the Monthly Fees paid for the month of such cancellation within 30 days after the effective date of such cancellation.

You may cancel your use of the Service at any time for any reason by clicking the "Cancel" button in your account on http://www.iRealtyLogin.com and we will refund to you a prorated portion of the Monthly Fees paid for the month of such cancellation within 30 days after the effective date of such cancellation by crediting your credit card the appropriate amount.

Service Access and Interruptions of Service

Access to this Service, the Service and the Application may be limited or delayed as a result of problems inherent in the use of the Internet, mobile data networks and electronic communication irregularities. iRealty is not responsible for any delays, delivery failures or other damage resulting from such problems.

In addition, access to this Service, the Service and the Application may be limited or unavailable as a result of regularly scheduled maintenance conducted at this Service and other modifications, additions and/or deletions being implemented at this Service or to the Service and the Application. iRealty is not responsible for any failure to access this Service or delays, delivery failures or other damage resulting from such activities.

Links

This Service may contain links to other web services that are owned and operated by third parties. You acknowledge that iRealty does not endorse and is not responsible for the operation of or content located on any other web service.

Disclaimers regarding Content

iRealty makes reasonable efforts to ensure the accuracy and completeness of the content of this Service; however this Service may contain technical inaccuracies and typographical errors with respect to the content of this Service, including content obtained from the Multiple Listing Service and related real estate listing aggregators and other sources including other subscribers for the Service and end users of the Application. iRealty makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the content of this Service. iRealty provides such content, including the text, graphics and links, to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM COMPUTER VIRUSES.

Third Party Content

Certain content from third party suppliers and vendors may be made available as part of this Service. iRealty believes that such content is accurate and reliable, but iRealty does not endorse or guarantee the same.

Authorized subscribers and end users of this Service may be permitted to post reviews, comments, and other content in the various forums, comment boards and sections for reviews set forth in this Service, so long as such reviews, comments and other content: (a) is not illegal, obscene, threatening or defamatory; (b) does not invade the privacy of any third party; (c) does not infringe the intellectual property rights of any third party; (d) is not otherwise injurious to any third party; and (e) does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise misrepresent the origin of a review, comment or other content. iRealty shall have no duty to, and shall not, regularly or periodically review the Service for posted reviews, comments and other content. iRealty shall have no responsibility and assumes no liability for any reviews, comments or other content you or any other user posts on this Service.

iRealty may (but shall not be obligated to) delete, qualify or edit any review, comment or other content, but does not regularly review posted content.

You hereby grant to iRealty and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any reviews, comments or other content you post on this Service throughout the world in any media. In addition, you grant iRealty and its affiliates and sublicensees the right to use your name in connection with exercising such rights. You represent and warrant that: (a) you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Service; and (b) the same is accurate. You shall indemnify iRealty and its affiliates and their respective stockholders, members, directors, managers, officers, employees, agents and representatives from and against all claims resulting from any reviews, comments or other content you post to this Service.

Accounts

You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy.

Technical Service and Support

All requests for technical service and support for products purchased should be made directly to the manufacturer in accordance with their terms and conditions.

Restrictions on Use of this Service

If you are a minor, you must obtain the permission of your parents or legal guardians in order to access, use or browse this Service.

By accessing, using or browsing this Service, you agree not to use any device, software or other tool or process to interfere or attempt to interfere with the operation of this Service and not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Service. In addition, you agree not to use any robot, spider or other software, device, tool or process to monitor or copy the pages or the material or content of this Service without the prior written consent of iRealty. iRealty typically grants such consent to operators of standard Internet search engines that employ customary technology to direct Internet users to this Service from their search engine webservices.

By accessing, using or browsing this Service, you agree that the information you provide to iRealty via this Service will not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate data or information.

By accessing, using or browsing this Service, you agree that iRealty may unilaterally terminate your rights of access to this Service without prior notice in the event that iRealty determines, in its sole discretion, that (a) you have violated these Terms of Service or have otherwise abused, misused or otherwise sought to damage this Service, iRealty or its other customers; (b) iRealty receives a bona fide request from law enforcement officials or officials from other government agencies; (c) iRealty experiences unexpected technical or security issues or problems; and (d) you have not viserviced this Service for an extended period of time. Such termination may entail the (x) deletion of your password and account designation and all related information associated the same; and (y) a permanent or indefinite suspension of your rights to access, use or browse this Service.

Compliance With Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Service and the Service and the Application. iRealty may, in its sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If iRealty becomes aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Service or the Privacy Policy, iRealty may (but is not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation iRealty may suspend services to you or any third party being investigated and/or remove any content the Service. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms of Service or the Privacy Policy could be subject to criminal or civil penalties.

Copyright

The copyright to all materials and content of this Service, including without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content) is owned or licensed by iRealty and may not be used by you except as set forth in these Terms of Service. You may only download material and content contained in this Service for non-commercial, personal use provided you do not remove or alter the copyright notices set forth therein. You may not use, alter, modify, distribute, transmit or re-post the material and content of this Service for public or commercial purposes without the prior written consent of iRealty.

Trademark

iRealty and its logo and iRealty’s other trademarks and service marks and other logos and product and service names, including without limitation, other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of iRealty. You may not copy, use or display in any manner such trademarks and service marks without the prior written consent of iRealty. You acknowledge that such trademarks and trade dress may not be used by you in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by iRealty that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by iRealty.

Disclaimer of Liability

You are accessing, using or browsing this Service at your own risk. iREALTY AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE stockholders, MEMBERS, directors, MANAGERS, OFFICERS, employees, REPRESENTATIVES AND AGENTS assume no liability or responsibility for any viruses that may infect your computer equipment or other property as a result of you accessing, using or browsing this Service or downloading any materials or content contained in this Service. In addition, iREALTY AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE stockholders, MEMBERS, directors, MANAGERS, OFFICERS, employees, REPRESENTATIVES AND AGENTS assume no liability or responsibility for any interruptions, defects, delays in operation or transmission or any access line or system failure.

The Service and Application offered on this Service is warranted only to substantially comply with the published specifications (which are subject to change in accordance with the provisions of these Terms and Conditions) set forth elsewhere on this Service and without any other warranty of any kind on the part of iRealty. iREALTY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO ANY PRODUCT OFFERED ON THIS SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM COMPUTER VIRUSES AND iREALTY HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES.

IN THE EVENT OF ANY DEFAULT OF THESE TERMS OF SERVICE ON THE PART OF iREALTY, iREALTY’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE MONTHLY FEES PAID AND COLLECTED IN THE PREVIOUS 12 MONTH PERIOD.

YOU ACKNOWLEDGE THAT iREALTY SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS SET FORTH IN THESE TERMS OF SERVICE DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND iREALTY’S CONTROL.

No Liability for the Conduct of other Subscribers or End Users

All subscribers and end users are independent and unaffiliated to iRealty. iRealty is not responsible for any matters related to such persons or entities, including without limitation, the actions or omissions of any Suppliers. iREALTY makes no warranties or representations OF ANY KIND, EITHER EXPRESS OR IMPLIED, regarding THE CONDUCT OF ANY THIRD PARTIES, INCLUDING without limitation, THE IMPLIED WARRANTIES OF MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE.

Neither iREALTY AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE stockholders, MEMBERS, directors, MANAGERS, OFFICERS, employees, REPRESENTATIVES AND AGENTS nor any third party involved in the creation, development, production or hosting of this Service will be liable to you for direct, punitive, special, consequential, incidental, or indirect damages of any kind or nature, including without limitation, lost profits, regardless of whether such liability is asserted on the basis of contract, tort, strict liability or otherwise, which relate to or are otherwise connected to any product or the actions or omissions of any supplier in connection with the same even if iREALTY has been advised of the possibility of such damages.

By purchasing products offered on this service, you hereby RELEASE AND FOREVER DISCHARGE and promise not to sue or assert against iREALTY AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE stockholders, MEMBERS, directors, MANAGERS, OFFICERS, employees, REPRESENTATIVES AND AGENTS FROM ANY AND ALL CLAIMS, causes of action, damages, losses, liabilities, EXPENSES AND COSTS whatsoever THAT YOU OR YOUR HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS OR OTHER PERSONAL OR LEGAL REPRESENTATIVES MAY HAVE, including WITHOUT LIMITATION, all claims at law or in equity of every nature and kind, known and unknown, suspected or unsuspected, presently existing or which may arise in the future caused by, arising from, related to or otherwise attributable to THE products or the ACTIONS OR OMISSIONS ON THE PART OF ANY supplier.

SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THUS, SOME OF THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE MAY NOT APPLY TO YOU.

Miscellaneous

There shall be no third party beneficiaries of these Terms of Service or of your use of the Service, the Application or this Service.

You shall indemnify, defend and hold harmless iRealty and its subsidiaries, parents and affiliates and their respective stockholders, members, directors, managers, officers, employees, representatives and agents and employees from and against all losses, expenses, liability, damages and costs, including legal fees and costs, resulting from your violation of these Terms of Service and/or your access, use or browsing of this Service.

Access, use or browsing this Service shall be governed by and construed in accordance with the laws of Colorado, including all matters of construction, validity and performance. By accessing, using and/or browsing this Service, you agree that any action or proceeding commenced under or with respect to or arising out of your access, use or browsing of this Service shall be brought within one (1) year thereafter and only in the county or district courts of Boulder County, Colorado, and you irrevocably consent to the jurisdiction of such courts and waive any right to alter or change venue, including by removal. In the event you or iRealty institute any legal action to enforce or construe any of these Terms of Service (including in any arbitration or mediation), the non-prevailing party shall pay to the prevailing party the reasonable costs and expenses (including legal fees) incurred by such prevailing party in connection therewith.

In the event any provision of these Terms of Service shall be prohibited or unenforceable in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it shall be ineffective only to the extent of such prohibition or unenforceability without affecting the remaining provisions hereof, and any such prohibition or unenforceability shall not invalidate or render unenforceable such provision in any other jurisdiction.

You represent and warrant that you have the legal right, power and authority to agree to these Terms of Service. You further agree that your access, use or browsing of this Service constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have validly entered into and accepted the terms of and otherwise authenticated your agreement with these Terms of Service and acknowledged and agreed that such agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding against you and is irrevocable and irrefutable by you.

How to Contact Us

If you have any comments or questions, please do not hesitate to email us at: feedback@irealtyco.com.

Privacy

iRealty respects your privacy. iRealty intends to use and retain the personal information about yourself that you provide to iRealty on this Service only to process your subscription for the Service and to send you other information about iRealty, this Service and its other web services and will not be used for any other purpose, unless iRealty explicitly states otherwise at the time such personal information is obtained. iRealty will not sell or knowingly disclose your personal information to any third party except in connection with processing your payment of the Monthly Fees or in connection with the sale, assignment or other transfer of a portion or all of its business, assets or equity to a third party; provided, however, iRealty may compile or derive statistical information from your personal information to be aggregated with the statistical information compiled or derived from other visitors to this Service. However, such statistical information cannot be traced to you. iRealty uses aggregated statistical information to better serve this Service’s guests and visitors to this Service and improve the manner in which the business of iRealty is conducted.

Notwithstanding the foregoing, in connection with the regulatory requirements applicable to iRealty, iRealty cannot promise that all of your personal information will never be disclosed. For example, iRealty may be compelled or determine it is necessary or appropriate to disclose your personal information to the government or third parties in connection with law enforcement actions and legal disputes involving fraud, misappropriation of intellectual property, infringement of intellectual property rights or other conduct that may expose us to liability. In addition, although iRealty has adopted industry standard practices to safeguard your personal information, there is no such thing as perfect security regarding information transmitted by way of the Internet. Unauthorized third parties may unlawfully intercept or access transmissions containing your personal information. Therefore, iRealty does not promise, and you should not expect, that your personal information will always remain private.

You will select a password and account designation upon completing the registration process for subscribing to the Service. You shall be solely responsible for maintaining the confidentiality of the password and account designation, and you shall be responsible for all activities occurring on the Service pursuant to your password or account designation. You shall immediately notify iRealty of any unauthorized use of your password or account designation or any other breach of security affecting this Service.

You acknowledge and agree that iRealty is not responsible for and has no control over third parties that may be accessed or linked from this Service and you are encouraged to refer to the statements and policies adopted by such third parties related to the use and retention of personal information.

This Service may use "cookies" on certain pages to optimize your experience. These "cookies" reside on the hard drive of your computer. These "cookies" transmit no information about you or your computer to us. You may be able alter your internet browser to reject "cookies", although doing so may affect your ability to consummate certain transactions on this Service.

Other web services accessible through this Service have their own privacy policies and data collection, use and disclosure practices. Please consult each web service's privacy policy. iRealty is not responsible for the policies or practices of third parties. Please be aware that this Service may contain links to other web services that are owned and operated by third parties. The information practices of such web services are not covered by this Privacy Policy.

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RE/MAX Alliance On Walnut

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Office: Fax:
303-442-3180

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